Background

 

Climate change poses an existential threat to humanity and the effective enjoyment of human rights. The Global Stocktake, the central outcome of the 28th meeting of the Conference of the Parties (COP) to the UNFCCC (COP28),  recognizes the need for deep, rapid and sustained reductions in greenhouse gas emissions in line with 1.5 °C pathways and calls on Parties to contribute to the following global efforts, in a nationally determined manner, taking into account the Paris Agreement and their different national circumstances, pathways and approaches ‘Tripling renewable energy capacity globally and doubling the global average annual rate of energy efficiency improvements by 2030’. COP28 also established the Just Transition Work Programme  (JTWP) that aims to promote pathways which ensure that the goals of the Paris Agreement are achieved justly and equitably.

Pursuing a pathway towards low greenhouse gas emissions and climate-resilient development, States and companies are rallying to develop new technologies and innovations to reduce greenhouse gas emissions. As the rapid deployment of clean energy technologies drives demand for their components, several energy transition programmes, including the extraction of critical energy transition minerals without adequate human rights and environmental safeguards, can have negative consequences on the exercise of human rights, particularly those of Indigenous Peoples, whose land, territories, and resources are crucial to their ways of life and cultural heritage. The development of hydroelectric dams can create significant human rights implications for displaced communities and for downstream users of water. Some climate technologies proposed in recent years may also aggravate the toxic burden on people and the planet now and in the future, exacerbating the human rights infringements caused by exposure to hazardous substances. Solar panels and wind turbines to generate electricity, while supporting the transition to renewable energy, can impose waste management challenges. Furthermore, the extraction of critical energy transition minerals can aggravate the toxic impacts of mining. Data from a Transition Minerals Tracker compiled by the Business & Human Rights Resource Centre (BHRRC) shows that more than 630 allegations of human rights violations have been associated with minerals mining from 2010-2023. Of those, 91 were made in the last year alone. Environmental human rights defenders continue to be attacked, with 14 new allegations of attacks recorded in 2023.

The availability of effective remedies will be crucial for individuals and communities that are impacted by business-related human rights abuses during the transition. However, legal and policy frameworks that apply to both the extractives sector and the energy transition do not currently provide effective access to justice and to remedy, and do not adequately address the situation of marginalized and at-risk groups, as observed by the UN Working Group on Business and Human Rights.  ​​

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Objectives

 

​The panel is intended to be a multistakeholder roundtable discussion that will explore practical examples, recommendations, and key insights and experiences to inform a human rights-based  approach to identifying and addressing the human rights risks and adverse impacts associated with the extractives and renewable energy sectors. It will also discuss how States and businesses, including development finance institutions and other investors, can better engage with civil society, environmental human rights defenders, and affected communities to enable access to remedy in the context of the energy transition and climate change.​

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Key objectives of the session:

• Provide insight into the critical human rights and environmental risks faced by rights holders in the context of the energy transition in Asia.

• Promote greater awareness of key international, regional or sector-specific standards and resources for the extractives and energy sectors, including the availability of effective remedies in Asia. 

• Discuss practical steps to advance greater awareness on, and the implementation of international principles on business and human rights such as the UN Guiding Principles on Business and Human Rights in the context of the energy transition, and especially in relation to the production and use of critical transition minerals.

• Examine the ways in which the UN Guiding Principles on Business and Human Rights have been used to strengthen effective remediation and grievance mechanisms for business-related human rights abuses in the energy transition, including emerging positive outcomes for rights holders.

• Encourage open and constructive multi-stakeholder dialogue on the challenges involved in protecting and promoting human rights in Asia’s energy transition.

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Questions

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• What are the major human rights and environmental risks faced by rights holders in the context of the energy transition in Asia?

• How can international, and sector-specific standards and frameworks, such as the UN Guiding Principles on Business and Human Rights, be effectively implemented to safeguard human rights and enable access to remedy in the energy transition sector? What are the drivers for, and obstacles to, effecting positive change in the implementation of these standards? How can the progress of the implementation be measured?

• What are some practical examples of successful implementation of grievance mechanisms and dispute resolution processes in the extractives and energy sectors that have resulted in remedies for rights holders? What judicial and non-judicial approaches have been implemented, and what are their outcomes? What good practices can be found in the actions of states, businesses, and other actors?

• In what ways can multi-stakeholder approaches be strengthened to ensure a rights-based approach to the energy transition, particularly in relation to transition minerals? How can the ambitions of States and businesses be raised to effect real change?

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Format

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Through a moderated dialogue, this session seeks to shed light on challenges faced by rights holders and further discuss opportunities for States, business and other actors to apply rights-based approaches and enable access to remedy to achieve inclusive and just energy systems for people and the planet. The dialogue will provide an overview of key environmental and human rights challenges faced by rights holders in the context of the energy transition, as well as alternative measures that respect and protect the rights of Indigenous Peoples and local communities. This is followed by further discussion on the important role of States and business enterprises in applying a rights-based approach aligned with the UN Guiding Principles on Business and Human Rights to the energy transition, with examples of extractives sector legislation, human rights due diligence practices, operational-level grievance mechanisms, and dispute resolution to ensure effective remedy and a just transition.